Regardless of personal circumstances, divorce can be a stressful experience. All of the legal procedures and paperwork is overwhelming on its own. Then add the emotional stress of the situation to the mix, and life can become stressful.
There is no one cut-and-dry kind of divorce. This significantly depends on the state in which you live and the laws specific to that state. For example, some states have different ways of dealing with contested and uncontested divorces, allowing spouses to file together or with a joint petition. Here we will explain a little about the different kinds of divorce and how they apply in Minnesota.
Fault and No-Fault DivorceMinnesota is a no-fault divorce state. This means that regardless of the personal circumstances and behavior of each of the spouses, the court will hear the case. In these cases, the court will refuse to hear issues of blame for the divorce, such as adultery. Often the court will accept “irreconcilable differences” or irreparable circumstances as the reason for the divorce. Minnesota divorce and family law.
Summary and Simplified Divorce
A summary, or simplified, divorce is one that has been expedited. A couple may only file for a summary divorce if the marriage lasted less than five years, and if they do not have much shared property, children, or debt. In these cases, both spouses must agree to the divorce and file jointly.
Contested and Uncontested Divorce
All divorces start off as either contested or uncontested. An uncontested divorce means that both spouses agree to the divorce and wish to proceed with it. In these cases, the spouses are often able to solve unsettled differences outside of court and can collaborate on a settlement that is acceptable to both parties. A contested divorce is one in which one of the spouses disagrees to the divorce. These cases often result further mediation and a court hearing.
A default divorce is one in which one of the spouses does not participate in any of the proceedings. In these cases, the divorce is granted even though your spouse is not available or willing to participate. If, after the divorce papers have been served, there is no response, the court will grant a divorce by default. This may even occur if the spouse cannot be found to receive the divorce papers.
A mediated, or collaborative, divorce is when both spouses work together to resolve the issues involved with their case. This includes all child custody, child support, property distribution, and child visitation schedules. The mediation takes place outside of court, with a family law mediator or private judge. When all issues are resolved, the case is presented in court for an official divorce decree.
Unfair Divorce, Unrealistic Decisions and Uncertain Financial Future Are All a Possibility
Divorce attorneys are experts at the very complicated process of the dissolution of a marriage. Divorce proceedings are complicated, as are any family law proceedings. It is important that you have a legal representative who understands the complexity of Minnesota divorce and family law. There is much more to a divorce than dividing your money in half. If you have children, there is child custody to consider. You also need to consider which type of child custody best suits your case. If you have considerable debt, there is the division of those financial obligations to take into account. If you have many valuable assets, those financial considerations also need to be dealt with fairly. The right legal divorce expert can make all the difference in the type of settlement that occurs. If your divorce concludes with an unfair settlement because of your lack of legal knowledge, you could be stuck with it for life. Don’t risk an unfair divorce, unrealistic decision or an uncertain financial future, contact Jeddeloh & Snyder PA to be sure your rights are protected.
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